Dato' Dr Lim Boon Ping Sun Pharmaceutical Sdn Bhd

Dato' Dr Lim Boon Ping Sun Pharmaceutical Sdn Bhd

No special circumstances existed to justify a stay: the derivative application concerns corporate remedies distinct from matrimonial reliefs and therefore will not be rendered nugatory by the Divorce Proceedings; the Plaintiff met procedural requirements for locus standi; the company is not itself a matrimonial asset for purposes of s76 LRA; a stay would cause undue and indefinite delay and possible prejudice; accordingly the stay application was dismissed and the OS ordered to proceed to hearing.

Citation
WA-24NCC-337-08/2020 (Encl. 16) (Mahkamah Tinggi)
Parties
PLAINTIFF: DATO' DR LIM BOON PING; DEFENDANT: SUN PHARMACEUTICAL SDN BHD
Court
Encl. 16
Jurisdiction
Malaysia
Judgment Date
5 October 2020
Case Number
WA-24NCC-337-08/2020 (Encl. 16) (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under S347 Companies Act 2016 for Leave to Commence Derivative Action / Interlocutory Application to Stay (enc.16) Dismissed; OS to Proceed to Hearing
Outcome
Application to stay (Enc.16) dismissed; costs awarded to Plaintiff; Originating Summons to proceed to hearing
Legal Topics
Derivative Action, Stay of Proceedings, Matrimonial Assets, Locus Standi, Abuse of Process, Order 34 Case Management
Source Language
Malay/English
Company Law Civil Procedure Family Law Equity and Trusts Corporate Governance Derivative Action Stay of Proceedings Matrimonial Assets +3 more

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Parties

DATO' DR LIM BOON PING

PLAINTIFF

SUN PHARMACEUTICAL SDN BHD

DEFENDANT

Procedural Posture

Originating Summons Under S347 Companies Act 2016 for Leave to Commence Derivative Action / Interlocutory Application to Stay (enc.16) Dismissed; OS to Proceed to Hearing

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of the OS pending Divorce Proceedings
  2. 2 Whether the company (Defendant) is a matrimonial asset subject to Family Court division
  3. 3 Whether the Plaintiff has locus standi to apply for leave under s347 CA 2016

Ratio Decidendi

No special circumstances existed to justify a stay: the derivative application concerns corporate remedies distinct from matrimonial reliefs and therefore will not be rendered nugatory by the Divorce Proceedings; the Plaintiff met procedural requirements for locus standi; the company is not itself a matrimonial asset for purposes of s76 LRA; a stay would cause undue and indefinite delay and possible prejudice; accordingly the stay application was dismissed and the OS ordered to proceed to hearing.

Court Disposition

Application to stay (Enc.16) dismissed; costs awarded to Plaintiff; Originating Summons to proceed to hearing

Orders

  • Stay application (Enc.16) dismissed
  • Costs fixed at RM10,000.00 subject to allocator